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Flogging

Flogging, Unidentified Individual, Bajestan, Sobh Tus, Asr-e Iran, 12/05/2017

Sobh Tus, Asr-e Iran
December 5, 2017
Newspaper article

First-time occurrence in Bajestan: 74 Lashes for Man Accused of Show of Force with Knife in Bajestan

Sobh Tus

Bajestan – For the first time in several decades, a flogging sentence was read and carried out in public in Bajestan for a man accused of wielding a knife in February of 2017.

According to reporting from Sobh Tus, the flogging verdict was read and carried out next to Bajestan’s Tuesday market before noon today. Sobh Tus sought further explanation and the complete verdict in the case in a conversation with Said Mohsen Mohajerian Moqadam, the prosecutor for Bajestan.

Mohajerian said of the flogging: “On February 17, 2017, a married woman came to law enforcement to register a complaint about an individual on a motorcycle who had forced her out of her car and threatened her with a knife. After the Judiciary got involved, judicial orders were issued and the suspect was identified and brought before the prosecutor’s office. On February 15 – after less than ten days – an indictment was brought on the charge of making a show of force with a knife per Article 617 of the Islamic Penal Code (book on Ta’zir offenses approved 1993) and sent to the Second Criminal Court. This was the first time that a crime carrying such charges had been witnessed in Bajestan.

The prosecutor continued: “Legal proceedings and related investigations took place at the Second Criminal Court, and on February 28 the trial court handed down a punishment of ta’zir imprisonment for two years and 74 lashes. Given that this sort of offense has no precedent in Bajestan county and pertains to public order and safety, a request for public flogging was made from the very beginning of the case. This request was issued with the court’s consent. In light of the sensitivity of the subject of the case, it was brought to a conclusion in less than a month, and the court rendered its verdict.

Mohajerian stressed importance of citizen cooperation in preventing all types of crime in Bajestan: “The Judiciary’s policy is one of prevention: we’ve not pursued harsh conduct [for its own sake], and we are not now. We take all our actions for the sake of prevention. However, when a crime occurs – especially one which has to do with public order and safety or disrupts citizen’s security – we counter it decisively in accordance with the law, without any sort of tolerance.”

Mohajerian further explained: “One of the aims in carrying out sentences in public is the deterrence and prevention of crime. We request that all citizens participate in the work of providing for the county’s security, even as we do our part to help. They should not, moreover, fall victim to the designs of those with malicious intent, because we believe that whipping up destructive fear and frenzy is more dangerous than the crime itself, and its effects are more damaging to the psychological and spiritual peace of citizens and society. The Judiciary will never yield to such efforts to spread fear, and will always carry out its actions resolutely in accordance with the law.

 

Flogging Sentence Carried Out in Public for Charge of Threatening with a Knife in Khorasan

Asr-e Iran

Sentence of 74 lashes carried out on the charge of making a threat with a knife in Bajestan, Khorasan Razavi.

ABF Note

 

Findings of guilt in the Islamic Republic of Iran's Judicial Proceedings

The Islamic Republic of Iran's criminal justice system regularly falls short of the standards for due process necessary for impartiality, fairness, and efficacy. Suspects are often held incommunicado and not told of the reason for their detainment. Defendants are frequently prohibited from examining the evidence used against them. Defendants are sometimes prohibited from having their lawyers present in court. Additionally, confessions, made under duress or torture, are commonly admitted as proof of guilt. Because Iran's courts regularly disregard principles essential to the proper administration of justice, findings of guilt may not be evaluated with certainty.

Corporal Punishment: the Legal context in the Islamic Republic of Iran

The Islamic Republic's criminal code recognizes corporal punishment for a wide range of offenses: consumption of alcohol, theft, adultery, "flouting" of public morals, and mixing of the sexes in public. Judges have the latitude to mete out corporal punishment for those sentenced to death. In such cases, the flogging is carried out before death to maximize the suffering of defendant. Aside from flogging, the Islamic Republic also employs amputations as a punishment for theft. In such cases, the defendant is taken to a hospital and put under anesthesia as his hand or foot is amputated. In some cases the left foot and right hand are cut off, making it difficult for the condemned to walk, even with the assistance of a cane or crutches.

The Islamic Republic's Systematic Violation of its International Obligations under International Law

The use of corporal punishment is contrary to international law and is addressed in several international agreements. Article 5 of the Universal Declaration of Human Rights, which Iran has ratified, states that, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Identical language is also used in the International Covenant on Civil and Political Rights (ICCPR), which Iran is also a party to. The strongest expression of international disapproval is contained in the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). This treaty defines torture as, "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as ... punishing him for an act he or a third person has committed or is suspected of having committed." Although the Islamic Republic of Iran has yet to sign the CAT, the prohibition on torture is now considered jus cogens and, therefore, part of customary international law. Furthermore, even though the norm against corporal punishment is not yet a jus cogens, there is increasing evidence that it is illegal under international human rights law.[1] In Osbourne v. Jamaica, the Committee Against Torture (a body of experts responsible for monitoring compliance with the Convention) held that "corporal punishment constitutes cruel, inhuman and degrading treatment or punishment contrary to Article 7 of the Convention." The Islamic Republic of Iran's systematic violations of its obligations under international law have been addressed by the UN General Assembly multiple times, most recently in December 2007. In Resolution 62/168, the UN expressed deep concern with Iran's continued flouting of international human rights law, particularly, "confirmed instances of torture and cruel, inhuman or degrading treatment or punishment, including flogging and amputations."